Post-Accident Drug Testing and DOT Employers
FMCSA dictates that post-accident drug testing should be done after any safety-sensitive employee is involved in an accident that happened on a public road and involved a commercial motor vehicle.
DOT post-accident drug testing becomes necessary if any of the following circumstances are met: there is a human fatality, serious damage to a motor vehicle to the extent that it has to be towed away or if the casualties have sustained injuries that require immediate medical attention away from the scene of the accident.
The drugs that are tested in post-accident drug testing include:
- Marijuana
- Cocaine
- Opiates
- Amphetamines and methamphetamines
- Phencyclidine (PCP)
- Alcohol
Companies with employees that perform safety-sensitive job functions are subject to alcohol and drug testing. Employees who have safety-sensitive roles in the transport industry are also subject to random testing. The best practice for employers is to do pre-employment tests and random tests on employees with safety-sensitive duties.
The employer has to conduct random tests at a rate of not less than 25% annually. If the employer has valid reason to suspect an employee is under the influence, the employee shall be required to take a reasonable-suspicion drug and alcohol screening test.
What Happens If the Employee Refuses to Get Tested or Fails Post-Accident Drug Testing?
When an employee fails the test, the employer should immediately remove him or her from performing safety-sensitive functions like driving a commercial vehicle. The employee must then see a qualified Substance Abuse Professional (SAP) and complete the return to duty process. Before the employee can be allowed back to safety-sensitive work, another test is conducted under direct observation. The test has to be negative for the employee to proceed.
Refusing to get tested holds the same consequences as testing positive, and the employer must ensure the employee has undergone the return to duty procedure. Follow-up testing will be dictated by the DOT qualified SAP and must be performed under direct observation
Employers and employees must ensure that they follow these regulations. They must also understand what is classified under refusal and the procedures that follow. By so doing the company will ensure that the employees and public are safe because it will minimize the rate at which accidents may occur. It will also keep employees mindful that there are severe consequences for testing positive for drugs or alcohol while performing safety-sensitive duties.
If you are an employer and your employee or applicant has failed a drug or alcohol test, SAP Referral Services can help. To learn more about the services that we offer click here.
source: Employer Responsibilities